UNIT 4 - 2B .2 Flashcards
Bail + its purpose
The conditional release from custody of a person accused of a crime + awaiting a hearing or trial, or an undertaking that the person will attend the hearing or trial, sometimes assurity is required.
The purpose of bail is to help ensure the presumption of innocence is enforced, unless the accused poses a serious threat to society
Remand + its purpose
when a person is held in custody awaiting a trial, during a trial or awaiting sentence
The purpose of remand is to protect the community against the actions of an accused person and the accused is protected from reoffending
committal proceedings + its purpose
the hearing that take place in Magistrates court for indictable offence, and is usually tried in county/supreme court
its purpose is to:
- determine whether evidence is of sufficient weight to support conviction
- ensure fair trial
- clarify issues
- determine how accused purposes to plead
list aims of criminal sanctions (5)
- punishment
- deterrence
- rehabilitation
- community protection
- denunciation
aims of criminal sanctions - punishment
offender should be punished to extent in such manner that is just in all circumstances and to ensure society feels as though there has been retribution
aims of criminal sanctions - deterrence
the sanction should deter offender or community of the same or similar offences
If people could commit crimes freely w/o the threat of punishment, law + order would not be maintained
general = community
specific = offender
aims of criminal sanctions - rehabilitation
A court will consider sanctions that could help the accused to rehabilitate. One aim of sanctions is to assist offenders to change their attitudes + be ready to take their place in society. eg. bond or CCO
aims of criminal sanctions - community protections
in cases offender needs to be removed from society to be physically prevented from reoffending.
Non custodial sentences such as CCO can be seen as protecting community by keeping offender busy
aims of criminal sanctions - denunciation
refers to the disapproval of the court
A particular punishment may be given to specific crime to show courts disapproval
criminal sanctions - imprisonment + aim
includes people who have been convicted of a crime can be sentenced to be detained in jail for period of time, meaning loss of freedom + liberty
aim:
- remove offender from society,acting as protector
- aim to rehabilitate
- act as general attendance
criminal sanctions - community corrections order CCO + aim
A supervised sentence in the community + includes special conditions such as treatment + unpaid community work for number of hours
aim:
- give offender opportunity to put a stop to criminal behaviour + undergo treatment to take part in programs to rehabilitate
criminal sanctions - fines + aim
A monetary penalty paid by the offender to the court, which is often a prescribed fine for particular offence
aim:
- punish offender by requiring them to pay as specific deterrence to prevent reoffending
- general deterrence to society
- extreme high fine may denounce specific crime
recent change 1 (relating to fat)
- MAGISTRATES COURT OF VIC INITIATIVES NOV 2013, weekend sittings to enable those remanded to come before court at earliest opportunity for bail application - relates to timely resolution of disputes
recent change 2 (relating to fat)
KOORI COUNTY COURT
sentencing court for indigenous offenders who have pleaded guilty to a crime within jurisdiction of county court - fair + unbiased hearing
